Terms & Conditions
Last Edited: 22nd February 2022
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TERMS & CONDITIONS
These terms and conditions apply to any refurbishment work we carry out on your behalf. You should only accept our quotation estimate if you accept these terms and conditions.
1. Our contract with you
1.1 Following our inspection of your vehicle (which may be subject to a further fee), we will prepare you a with an estimate. The estimate will set out the deliverables and payment structure which is likely to include multiple payments. If you accept our estimate, we will require a £500 non-refundable holding deposit which will be taken towards the first payment. It is at this point when our acceptance of your order will take place and a contract will come into existence between you and us.
1.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you.
2. Your rights to make changes
2.1 If you wish to make a change to the goods or services we will let you know if the change is possible. If it is possible we will let you know about any changes to the price, timings or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. You acknowledge however that some goods are bespoke and are not eligible to be changed without you incurring additional charges.
3. Our rights to make changes
3.1 Minor changes to the goods and/or services. We may change the goods and/or services to implement minor technical adjustments and improvements, for example to address a health and safety issue.
4. Providing the goods and/or services
4.1 Delivery costs. The costs of delivery of relevant parts to be incorporated into our goods will be set out in our estimate.
4.2 When we will provide the goods and/or services to you. We will endeavour to supply the goods to you from the date set out in our estimate. Where applicable, our services will begin after we have incorporated the relevant parts received from our suppliers into the goods (if such goods are bespoke).
4.3 We are not responsible for delays outside our control. If our provision of the goods and/or services is affected by an event outside our control (such as but not limited to the delivery of parts to be incorporated into our goods from overseas), then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any standard goods you have paid for but not received.
4.4 Reasons we may suspend the provision of goods and/or services. We may have to suspend the provision of goods and/or services to:
(a) deal with technical problems or make minor technical changes;
(b) update the goods and/or services to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the goods and/or services as requested by you or notified by us to you.
5. Your rights to end the contract
5.1 You can end the contract before the off-the-shelf goods have been supplied and paid for (or before bespoke goods are being built). Subject to clause 5.2, you may contact us at any time to end the contract for standard off-the-shelf goods, but in some circumstances, we may charge you certain sums for doing so, as described below.
5.2 Bespoke goods. Some goods will consist of a special order, and as such will be non-refundable. We can offer to keep them and sell them on your behalf but do not provide any refunds to you unless those goods sell in our shop. You will be informed by us of these conditions upon making any orders for bespoke goods.
5.3 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been properly provided. The relevant reasons are:
(a) there is a risk the parts to be incorporated into our bespoke goods may be extensively delayed because of events outside our control;
(b) we suspend the provision of goods or services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than two months; or
(c) you have a legal right to end the contract because of we have acted negligently.
5.4 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 5.3, the contract will end immediately, and we will charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
6. Our rights to end the contract
6.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods and/or services; or
(c) you do not, within a reasonable time, give us access to your vehicle to allow us to perform our services by installing the goods (where applicable).
6.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 6.1, (with the exception of the non-refundable deposit of £500), we will refund any money you have paid in advance for any standard goods but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
7. If there is a problem with the goods and/or services
7.1 How to tell us about problems. If you have any questions or complaints about the goods and/or services, please contact us. You can contact us by writing to us at firstname.lastname@example.org. Alternatively, please speak to one of our staff in-store.
7.2 Our warranty. We offer a six- month or 8,000-mile (whichever comes first) warranty for all engines built and/or fitted inhouse. In the unlikely event there is any defect with the goods and/or service we will use every effort to repair or fix the defect free of charge, without significant inconvenience to you, as soon as we reasonably can.
7.3 Transferring our warranty. You may transfer our warranty at clause 7.2 to a person who has acquired any item or property in respect of which we have provided the goods. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant vehicle.
7.4 Voiding our warranty. We reserve the right to void any warranty given if the engine, which is the subject of the warranty, is used for anything other than normal purposes (unless we explicitly tell you otherwise). This includes but is not limited to:-
(a) Participating in racing or other competitions of any kind;
(b) Participating in speed testing or time trials;
(c) Use of the engine in a way which exceeds its design limitations;
(d) Use of the engine in a way which does not conform with manufacturer’s recommendations; or
(e) Failure to service or otherwise maintain the engine in accordance with the manufacturer’s recommendations
8. Price and payment
8.1 Where to find the price for the goods and/or services. The price of for the goods will be the price set out in our estimate provided to you upon your order. We will also give you an estimate of our labour costs if we are required to provide you with our services.
8.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the goods and/or services, we will adjust the rate of VAT that you pay, unless you have already paid for the goods and/or services in full before the change in the rate of VAT takes effect.
8.3 When you must pay and how you must pay. You must make a non-refundable holding deposit of £500 for any bespoke goods ordered. The estimate will set out the amount and frequency of payments due thereafter for the goods and/or services in question. You agree that title to the goods will not transfer to you until we are in receipt of payment in full.
8.4 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
8.5 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
9. Insurance Claims and Accident Damage
9.1 If we are instructed to provide goods and/or services in relation to an insurance claim. If we are instructed to provide goods and/or services in relation to an insurance claim you (or the policyholder if he/she is not the same person) must sign any documents required by the insurer to be signed to authorise payment to us for the goods and/or services.
9.2 We shall not be responsible for any delay caused by the insurer. We shall not be responsible for any delay in the completion of the goods and/or services and/or returning the vehicle to you where that delay arises out of any actions of the insurer including, but not limited to, the withholding of payment.
9.3 You remain liable for payment to us. For the avoidance of doubt, if the insurer of the vehicle does not pay us in full for the goods and/or services, you will remain liable for any unpaid amounts and agree to pay us on demand for any such sum(s).
10. Our responsibility for loss or damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods and/or services.
10.3 When we are liable for damage to your vehicle. Where we are refurbishing your vehicle and we need to provide our services to install the goods, we will make good any damage by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your car that we discover whilst performing our services to install the goods.
10.4 We are not liable for business losses. We only supply our goods and/or services for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. How we may use your personal information
11.1 How we will use your personal information. We will use the personal information you provide to us to:
(a) provide the goods and/or services;
(b) process your payment for such goods and/or services; and
(c) if you agreed to this during the order process, to inform you about similar goods and/or services that we provide, but you may stop receiving these communications at any time by contacting us.
11.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
12. Storage Charges
12.1 There may be circumstances that arise which mean we are required to provide storage of your vehicle and/or parts for you. These circumstances include, but are not limited to, (a) you may decide to delay the services we have been instructed to complete, (b) there may be a delay in you providing us with information or anything else that is necessary for us to provide the goods and/or services, (c) there may be a delay in a third party providing us with information or anything else that is necessary for us to provide the goods and/or services.
12.2 If clause 12.1 applies then we will provide you with 7 days’ notice that storage charges will begin to accrue.
12.3 Storage will be charged at a rate of £200.00 plus VAT per calendar month and is invoiced and payable on demand.
12.4 Our rights in relation to clause 8.4 shall apply in relation to these storage charges.
13. Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
13.2 You may only transfer your rights under our guarantee to someone else. You may only transfer your rights or your obligations under these terms to another person with our written consent.
13.3 Nobody else has any rights under this contract (except someone you pass your warranty on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods and/or services, we can still require you to make the payment at a later date.
13.6 We have insurance. We shall at all times have in place suitable and valid insurance, including public liability insurance
13.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods and/or services in the English courts.